Homeowners' Leader Sues Port Authority Over Lease

September 24, 1987|By Lynne Bumpus-Hooper of The Sentinel Staff

TITUSVILLE — The president of a Merritt Island homeowners group sued the Canaveral Port Authority on Wednesday, asking the courts to decide if port commissioners can lease a piece of land without voter approval.

The suit, filed for East Merritt Island Homeowner Association President Sandy Crawford, stems from a petition drive Crawford began this summer. The petitions sought to force port commissioners to let voters decide whether to approve a lease agreement with Seagate, a marina and restaurant planned for the north side of the Canaveral Barge Canal.

Commissioners decided after the petitions were presented that a charter provision requiring referendums in certain situations did not apply, and they granted the lease to Seagate.

When commissioners turned down Crawford's request for a referendum, they said the charter provision applied to bank loans, not to leases.

Crawford said Wednesday he ''was not satisfied'' with the way the port interpreted the charter.

The port has the authority to grant leases along a narrow stretch of land on both sides of the canal. Owners of properties behind the port-controlled lands must apply for leases to obtain water rights.

Environmentalists and homeowners have fought the granting of leases, especially for businesses that have plans to dredge portions of land for wet- slip marinas. They say increased boat traffic harms the water of the canal and the adjacent Indian and Banana rivers, and eventually may disrupt commercial and recreational fishing and other activities in the environmentally sensitive area.

Crawford's suit, filed by attorney Michael Kahn, asks for a judge to interpret the language of the charter and, assuming the judge finds in Crawford's favor, to compel the referendum vote.

In a referendum, everyone who lives within the boundaries of the Canaveral Port Authority taxing district would be able to vote on the specific development.

Since granting the Seagate lease, commissioners have given first-round approval to leases for four other developments.

The leases will come up for a final vote during the October commission meeting.

Because of those projects, Kahn said he also is asking for a temporary injunction he hopes will be issued within 14 days.

The injunction would prevent commissioners from granting any more leases until the Seagate referendum question is settled.

Kahn said he also will appeal the port's decision with the circuit court.

If the appeal is heard, a panel of three judges would review the port's actions to see if they were legal.